House of Representatives Journal 2/2/2010 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 2, 2010

The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Father Brian Christensen, followed by the Pledge of Allegiance led by House pages Zachary Nipp and Allen Saakyan.

Roll Call: All members present except Rep. Elliott who was excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirteenth day.

All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

Timothy A. Rave, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 39 and 40 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1156 and returns the same with the recommendation that said bill be referred to the Committee on Commerce.

Respectfully submitted,
Carol A. Pitts, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1058 and 1101 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1120 and returns the same with the recommendation that said bill be amended as follows:

On page 3, line 18, of the printed bill, delete "person's" and insert "purchaser's".

And that as so amended said bill do pass.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1185 and 1202 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Ryan P. Olson, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1128 and 1149 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1082 and returns the same with the recommendation that said bill be amended as follows:

On page 2 of the printed bill, delete lines 1 to 18, inclusive.

On page 1, line 2, of the printed bill, delete everything after "employment" and insert ".".

On page 1, delete lines 3 and 4.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1148 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mark Kirkeby, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1130 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 5, of the printed bill, delete "or spouse" and insert ", spouse, sibling, or child".

On page 2, line 1, delete "parent or spouse" and insert "~~parent~~ family member".

On page 2, line 4, delete "parent or spouse" and insert "~~parent~~ family member".

On page 2, line 7, after "the" insert "initial issuance of the".

On page 2, line 8, overstrike everything after "." .

On page 2, line 9, overstrike everything before "If" .

On page 1, line 1, of the printed bill, delete "spouses" and insert "families".

And that as so amended said bill do pass.

Respectfully submitted,
Shantel Krebs, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1020, 1022, 1023, and 1049 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1004 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 7, 8, 10, 11, 46, 64, 66, and 67 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 1 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

Yesterday, Rep. Turbiville announced his intention to reconsider the vote by which HB 1002 lost.

Rep. Turbiville moved that the House do now reconsider the vote by which HB 1002 lost.

The question being on Rep. Turbiville's motion to reconsider the vote by which HB 1002 lost.

And the roll being called:

Yeas 52, Nays 16, Excused 2, Absent 0

Yeas:
Boomgarden; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Schrempp; Sly; Solberg; Solum; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Verchio; Wismer; Speaker Rave

Nays:
Blake; Bolin; Brunner; Burg; Carson; Feickert; Feinstein; Iron Cloud III; Noem; Putnam; Russell; Schlekeway; Sorenson; Tidemann; Vanneman; Wink

Excused:
Elliott; Novstrup (David)

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1002 was up for reconsideration and final passage.

HB 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the days and hours that alcoholic beverages may be sold on a licensed premise and who may sell, serve, or dispense alcoholic beverages on a licensed premise and to revise certain provisions concerning the power of municipalities and counties to regulate the sale and use of alcoholic beverages.

Having had its second reading was up for reconsideration and final passage.

Rep. Rounds moved that HB 1002 be amended as follows:

On page 1 of the House Commerce Committee engrossed bill, delete lines 7 to 12, inclusive, and insert:

" Section 1. That § 35-4-81 be amended to read as follows:

35-4-81. No on-sale or off-sale licensee, licensed under subdivisions 35-4-2(3), (4), (5), (6), (9), (11), ~~and~~ (13), or (18), may sell, serve, or allow to be consumed on the premises covered by the license, alcoholic beverages between the hours of two a.m. and seven a.m. or on Sunday after two a.m., on Memorial Day after two a.m., or at any time on Christmas Day. However, any municipality or county may, by ordinance, allow the sale of alcoholic beverages on Sundays, Memorial Day, and Christmas Day. A violation of this section is a Class 2 misdemeanor. ".

On page 2, delete lines 6 to 11, inclusive, and insert:

" Section 3. That § 35-4-81.2 be amended to read as follows:

35-4-81.2. No licensee licensed under subdivisions 35-4-2(12), (16) ~~and~~, (17), (17A), and (19) may sell, serve, or allow to be consumed on the premises covered by the license, any ~~malt beverage~~ alcoholic beverages between the hours of two a.m. and seven a.m. ~~No licensee licensed under subdivision 35-4-2(12) may sell, serve, or allow to be consumed on the premises covered by the license, any wine between the hours of two a.m. and seven a.m.~~ A violation of this section is a Class 2 misdemeanor. ".

Rep. Lucas requested that Joint Rule 5-17 be invoked on HB 1002.

Which request was supported and HB 1002 with Rep. Rounds' pending motion to amend was deferred until Thursday, February 4^th, the 16^th legislative day.

HCR 1007 Introduced by: Representatives Killer, Elliott, Faehn, Fargen, Frerichs, Hunhoff (Bernie), Hunt, Iron Cloud III, Juhnke, Lucas, McLaughlin, Olson (Ryan), Pitts, Schlekeway, Sly, Sorenson, Thompson, and Wink and Senators Bradford, Ahlers, Maher, and Tieszen

A CONCURRENT RESOLUTION, Urging the Bureau of Indian Education and other federal and state agencies to provide for the design and implementation of appropriate measures of adequate yearly progress for Native American students under the No Child Left Behind Act.

WHEREAS, under the federal No Child Left Behind Act, schools are required to track test scores and adequate yearly progress (AYP) for their students, including minority students and other subgroups; and

WHEREAS, the No Child Left Behind Act requires states and the Department of the Interior's Bureau of Indian Education (BIE) to define and determine whether schools are making adequate yearly progress toward meeting the goal of one hundred percent academic proficiency. As part of this effort, the BIE has directed that each tribe must work with the state to establish appropriate benchmarks for Native American students; and

WHEREAS, measuring Native American student progress is a complex process. There are currently twenty-three different state definitions of AYP being applied throughout the BIE school system. The BIE has entered into agreements with eleven states to address AYP issues, leaving twelve more states that have not yet signed a memorandum of understanding; and

WHEREAS, only one-third of the 174 schools within the Bureau of Indian Education are meeting AYP standards, according to the Government Accounting Office; and

WHEREAS, to address tribes' needs for cultural preservation, the No Child Left Behind Act allows tribal groups to waive all or part of BIE's definition of AYP and propose an alternative, with technical assistance from BIE and the Department of Education. However, the process requires a significant amount of time and resources to successfully submit an application. Nationwide, only two tribes and one tribal education consortium are developing programs to fit their needs, which means all of the other BIE schools must comply with state AYP standards; and

WHEREAS, in South Dakota, Native Americans make up eleven percent of the state's public school students and constitute South Dakota's largest single minority group; and

WHEREAS, BIE and other reservation schools in South Dakota were not considered when the South Dakota AYP cutoff benchmarks were established, resulting in a lack of validity and reliability of the Dakota Step for minority students, as the Native American students living on the reservations in South Dakota were not part of the testing population when the increasing benchmark cutoff score system was established; and

WHEREAS, because the Dakota Step difficulty levels automatically increase with grade level and the cutoff benchmarks for proficiency in making AYP also increase, Native American students must take a more difficult test each year and at the same time must get higher scores to be proficient and meet AYP requirements. The current assessment does not allow for a

growth model for each individual student, which conflicts with BIE recommendations to "treat each child as an individual person"; and

WHEREAS, there is no parity in AYP across the nation when southern states versus northern states reading benchmarks are compared, as follows: North Dakota (85%), South Dakota (84.7%), Arizona (46%), New Mexico (43%). However, BIE-funded schools must follow their state's benchmarks, which leaves Native American schools and students in South Dakota at a serious disadvantage:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-fifth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature urges the Bureau of Indian Education and other appropriate federal and state agencies to consider an alternative Adequate Yearly Progress model for Native American Students in South Dakota Indian reservation schools that addresses the following considerations:

(1) Development of a valid and reliable state standardized assessment for Native American students, an assessment that considers their needs and circumstances in its design;

(2) Use of benchmark cutoff score systems that address the lifestyle, culture, and language diversity of Native American students;

(3) Use of a growth model for BIE and grant schools located on South Dakota reservations, and;

(4) Waiver by the BIE and the State of South Dakota of current assessment methods, allowing South Dakota tribes to research and identify a standardized performance assessment; and

BE IT FURTHER RESOLVED, that the Legislature urges collaboration between the BIE and other appropriate federal and state agencies to provide technical assistance to tribes to develop alternate definitions of Adequate Yearly Progress. The BIE should provide guidelines and training on the process for seeking and approving alternatives to all tribal governments, tribal school boards, and education line offices.

Was read the first time and the Speaker waived the committee referral.

SCR 1: A CONCURRENT RESOLUTION, Opposing the government takeover of health care as currently proposed by Congress and encouraging preservation of states' rights regarding health care regulation.

Was read the first time and the Speaker waived the committee referral.

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Faehn moved that the reports of the Standing Committees on

Education on HB 1108 as found on page 236 of the House Journal; also

Commerce on HB 1147 as found on page 237 of the House Journal; also

Judiciary on HB 1073 as found on pages 237 and 238 of the House Journal; also

Judiciary on HB 1077 as found on pages 238 and 239 of the House Journal; also

Judiciary on HB 1081 as found on page 239 of the House Journal; also

Judiciary on HB 1109 as found on pages 239 to 241 of the House Journal; also

Judiciary on HB 1076 as found on pages 241 and 242 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1223 Introduced by: Representatives Bolin, Burg, Dennert, Engels, Feickert, Feinstein, Frerichs, Hunhoff (Bernie), Hunt, Iron Cloud III, Kirschman, Krebs, Lange, Lederman, Schlekeway, Schrempp, Solberg, Sorenson, Street, and Thompson and Senators Merchant, Jerstad, Kloucek, Maher, Nesselhuf, and Peterson

FOR AN ACT ENTITLED, An Act to provide procedures by which adopted persons may obtain their original birth certificates and the contact preference of birth parents.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1224 Introduced by: Representatives Sly, Gosch, and McLaughlin and Senator Maher

FOR AN ACT ENTITLED, An Act to impact the South Dakota opportunity scholarship program.

Was read the first time and referred to the Committee on Education.

HB 1225 Introduced by: Representatives Sorenson and Hunhoff (Bernie) and Senators Heidepriem, Abdallah, and Merchant

FOR AN ACT ENTITLED, An Act to provide for a process to limit state government spending.

Was read the first time and referred to the Committee on State Affairs.

HB 1226 Introduced by: Representatives Nygaard, Fargen, Kirkeby, and Turbiville and Senator Miles

FOR AN ACT ENTITLED, An Act to set certain age requirements for persons who sell malt beverages and South Dakota made wine at certain alcoholic beverage off-sale licensees.

Was read the first time and referred to the Committee on Commerce.

HB 1227 Introduced by: Representatives Solberg, Blake, Feinstein, Gibson, Killer, Schlekeway, and Vanderlinde and Senators Gant and Ahlers

FOR AN ACT ENTITLED, An Act to establish certain road maintenance responsibilities for townships.

Was read the first time and referred to the Committee on Local Government.

HB 1228 Introduced by: Representatives Engels, Blake, Gibson, Hamiel, Kirkeby, Krebs, Lust, Moser, Noem, Schlekeway, Steele, and Turbiville and Senators Bradford, Abdallah, Bartling, Peterson, Schmidt, Tieszen, Turbak Berry, and Vehle

FOR AN ACT ENTITLED, An Act to establish an ancillary standard in determining the best interests of a child.

Was read the first time and referred to the Committee on Judiciary.

HB 1229 Introduced by: Representatives Deadrick and Lust and Senators Turbak Berry and Knudson

FOR AN ACT ENTITLED, An Act to adopt the Uniform Real Property Transfer on Death Act.

Was read the first time and referred to the Committee on Judiciary.

HB 1230 Introduced by: Representatives Brunner, Hunt, Jensen, Kopp, Krebs, and Olson (Betty) and Senators Maher, Howie, and Rhoden

FOR AN ACT ENTITLED, An Act to permit certain persons to assist women during pregnancy and childbirth under certain conditions.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1231 Introduced by: Representatives Lust, Blake, Boomgarden, Conzet, Curd, Cutler, McLaughlin, Moser, Novstrup (David), Peters, Pitts, Rausch, Rave, Schlekeway, Sly, Steele, Vanderlinde, and Vanneman and Senators Miles, Adelstein, Dempster, Hunhoff (Jean), Knudson, Nelson, Tieszen, and Vehle

FOR AN ACT ENTITLED, An Act to provide for the monitoring of the prescribing and dispensing of controlled substances.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1232 Introduced by: Representatives McLaughlin, Bolin, Brunner, Cutler, Killer, Lust, Peters, Sly, and Turbiville and Senators Adelstein, Jerstad, Nelson, and Tieszen

FOR AN ACT ENTITLED, An Act to repeal provisions allowing for the two-year averaging of a school district's fall enrollment for the purpose of calculating state aid to education.

Was read the first time and referred to the Committee on Education.

HB 1233 Introduced by: Representatives Nygaard, Blake, Burg, Dennert, Engels, Feinstein, Frerichs, Gibson, Hunhoff (Bernie), Kirkeby, Lange, Lucas, Schrempp, Solberg, Sorenson, Thompson, Van Gerpen, and Vanderlinde and Senators Bradford and Turbak Berry

FOR AN ACT ENTITLED, An Act to provide for a temporary reduction of the salaries of legislators and certain state officers and employees and to declare an emergency.

Was read the first time and referred to the Committee on State Affairs.

HB 1234 Introduced by: Representatives Lucas, Blake, Dennert, Elliott, Feickert, Feinstein, Gibson, Hunhoff (Bernie), Iron Cloud III, Killer, Kirschman, Lange, Nygaard, Solberg, Sorenson, Street, Thompson, Vanderlinde, and Wismer and Senators Merchant, Ahlers, Bartling, Jerstad, and Peterson

FOR AN ACT ENTITLED, An Act to increase certain state employee salaries.

Was read the first time and referred to the Committee on Appropriations.

HB 1235 Introduced by: Representatives Lucas, Blake, Elliott, Engels, Feickert, Feinstein, Gibson, Iron Cloud III, Killer, Kirschman, Lange, Nygaard, Solberg, Sorenson, Thompson, Vanderlinde, and Wismer and Senators Merchant, Ahlers, Bartling, Hanson (Gary), Jerstad, and Peterson

FOR AN ACT ENTITLED, An Act to increase funding for certain providers of medical services and to make an appropriation therefor.

Was read the first time and referred to the Committee on Appropriations.

HB 1236 Introduced by: Representatives Lucas, Blake, Elliott, Engels, Feickert, Feinstein, Gibson, Iron Cloud III, Killer, Kirschman, Lange, Nygaard, Sorenson, Thompson, and Vanderlinde and Senators Merchant, Ahlers, Bartling, Hanson (Gary), Jerstad, and Miles

FOR AN ACT ENTITLED, An Act to appropriate money from the education enhancement trust fund for the purpose of providing increased funding for state aid to education.

Was read the first time and referred to the Committee on Appropriations.

HB 1237 Introduced by: Representatives Tidemann, Faehn, Gosch, Greenfield, Lust, Noem, Peters, Putnam, and Rausch and Senators Hunhoff (Jean), Brown, and Haverly

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the refunds for new or expanded agricultural facilities and the refunds for new or expanded business facilities and to declare an emergency.

Was read the first time and referred to the Committee on Taxation.

HB 1238 Introduced by: Representatives Bolin, Elliott, and Lederman and Senators Ahlers and Gray

FOR AN ACT ENTITLED, An Act to exempt certain school districts from the requirement to reorganize due to low enrollment.

Was read the first time and referred to the Committee on Education.

HB 1239 Introduced by: Representatives Cronin, Dennert, Fargen, Hoffman, Kirkeby, Krebs, Noem, Novstrup (David), Rausch, and Rounds and Senators Brown and Fryslie

FOR AN ACT ENTITLED, An Act to establish certain procedures for counties to follow when requiring landowners to cut and remove grass, weeds, and brush from the road right-of-way.

Was read the first time and referred to the Committee on Local Government.

HB 1240 Introduced by: Representatives Hunhoff (Bernie) and Faehn and Senators Knudson and Heidepriem

FOR AN ACT ENTITLED, An Act to create the South Dakota need-based grant fund, to provide for the transfer of certain unclaimed lottery prize money to the need-based grant fund, to provide for the awarding of certain need-based grants, and to repeal provisions relating to tuition equalization grants.

Was read the first time and referred to the Committee on Education.

HB 1241 Introduced by: Representatives Lederman, Blake, Bolin, Brunner, Conzet, Fargen, Feinstein, Greenfield, Jensen, Kirkeby, Kirschman, Novstrup (David), Nygaard, Pitts, Rounds, Solberg, and Solum and Senators Gant, Fryslie, Merchant, Nelson, Nesselhuf, and Turbak Berry

FOR AN ACT ENTITLED, An Act to establish an additional time period during which fireworks may be sold and discharged.

Was read the first time and referred to the Committee on Local Government.

HB 1242 Introduced by: Representatives Olson (Betty), Brunner, Juhnke, Kirkeby, Noem, Schrempp, and Verchio and Senators Maher, Rhoden, and Schmidt

FOR AN ACT ENTITLED, An Act to require that certain land acquisitions by the State of South Dakota be conditioned upon subsequent legislative approval.

Was read the first time and referred to the Committee on State Affairs.

HB 1243 Introduced by: Representatives Wismer and Deadrick and Senators Ahlers and Kloucek

FOR AN ACT ENTITLED, An Act to establish certain requirements regarding the placement of driver licensing sites.

Was read the first time and referred to the Committee on Transportation.

HB 1244 Introduced by: Representatives Cutler, Blake, Conzet, Cronin, Curd, Engels, Novstrup (David), Peters, Steele, and Turbiville and Senators Gray, Abdallah, Bartling, Peterson, and Tieszen

FOR AN ACT ENTITLED, An Act to increase the penalty for solicitation of a minor.

Was read the first time and referred to the Committee on Judiciary.

HB 1245 Introduced by: Representatives Lange, Blake, Feickert, Hunhoff (Bernie), Kirschman, Lucas, Nygaard, Schrempp, Solberg, and Thompson and Senators Hundstad, Jerstad, and Merchant

FOR AN ACT ENTITLED, An Act to repeal the death penalty and commute certain death sentences to life imprisonment.

Was read the first time and referred to the Committee on State Affairs.

HB 1246 Introduced by: Representatives Frerichs, Brunner, Burg, Cronin, Engels, Hunhoff (Bernie), Killer, Kirkeby, Noem, Rausch, Rounds, Russell, and Verchio and Senators Rhoden, Knudson, Merchant, and Turbak Berry

FOR AN ACT ENTITLED, An Act to revise the definition of new business facilities that are eligible for certain tax refunds and to declare an emergency.

Was read the first time and referred to the Committee on Taxation.

HB 1247 Introduced by: Representatives Sly, Brunner, Conzet, Gosch, Killer, Kirkeby, Lust, McLaughlin, and Peters and Senators Bradford, Abdallah, and Adelstein

FOR AN ACT ENTITLED, An Act to provide for the establishment of school administration regions and to provide for the sharing of certain school administrators and school service specialists among school districts.

Was read the first time and referred to the Committee on Education.

HB 1248 Introduced by: Representatives Hunt, Bolin, Curd, Hamiel, Krebs, Lucas, Romkema, Schlekeway, Steele, and Van Gerpen and Senators Abdallah and Gant

FOR AN ACT ENTITLED, An Act to revise the definition of fall enrollment in the state aid to education formula and to eliminate the one-time payments for school districts with increasing enrollments.

Was read the first time and referred to the Committee on Education.

HB 1249 Introduced by: Representatives Greenfield, Blake, Feickert, Lust, Novstrup (David), Nygaard, Rounds, Schlekeway, and Vanneman and Senators Gillespie, Fryslie, Maher, and Olson (Russell)

FOR AN ACT ENTITLED, An Act to provide for the disposition of certain property sold at auction but not claimed.

Was read the first time and referred to the Committee on Local Government.

HB 1250 Introduced by: Representatives Verchio, Feickert, Frerichs, Kopp, Olson (Betty), and Schrempp and Senators Schmidt and Howie

FOR AN ACT ENTITLED, An Act to provide that ordinances or amendments may not have a retrospective application.

Was read the first time and referred to the Committee on Judiciary.

HJR 1003 Introduced by: Representatives Hunhoff (Bernie) and Elliott and Senators Heidepriem, Abdallah, Bradford, Maher, and Merchant

A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article XII of the Constitution of the State of South Dakota, relating to the limitation of expenditures for the State of South Dakota.

Was read the first time and referred to the Committee on State Affairs.

HJR 1004 Introduced by: Representatives Dennert, Burg, Carson, Deadrick, Peters, Putnam, Tidemann, Wink, and Wismer and Senators Brown, Ahlers, Bartling, Haverly, Hundstad, Hunhoff (Jean), and Novstrup (Al)

A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Article XIII of the Constitution, relating to the trust fund created from the proceeds of the state cement enterprise sales.

Was read the first time and referred to the Committee on Appropriations.

HJR 1005 Introduced by: Representatives Dennert and Carson and Senators Brown and Ahlers

A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Article XII, sections 5 and 6 of the Constitution of the State of South Dakota relating to the health care trust fund and the education enhancement trust fund.

Was read the first time and referred to the Committee on Appropriations.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 7: FOR AN ACT ENTITLED, An Act to permit certain sex offenders who are homeless or on parole to reside in certain halfway homes or homeless shelters within community safety zones.

Was read the first time and referred to the Committee on Judiciary.

SB 8: FOR AN ACT ENTITLED, An Act to establish the application of certain statutes relating to the sex offender registry with regard to out-of-state offenders residing in the state of South Dakota.

Was read the first time and referred to the Committee on Judiciary.

SB 10: FOR AN ACT ENTITLED, An Act to reduce the grace period for certain sex offender registry registrations.

Was read the first time and referred to the Committee on Judiciary.

SB 11: FOR AN ACT ENTITLED, An Act to define solicitation of or conspiracy to commit certain crimes as registerable sex offenses.

Was read the first time and referred to the Committee on Judiciary.

SB 46: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

Was read the first time and referred to the Committee on Appropriations.

SB 64: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to authorize the construction and establish the state cost share for the Southern Black Hills Water System, and to declare an emergency.

Was read the first time and referred to the Committee on Appropriations.

SB 66: FOR AN ACT ENTITLED, An Act to make an appropriation to fund property tax and sales tax refunds for certain elderly persons and persons with a disability.

Was read the first time and referred to the Committee on Appropriations.

SB 67: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

Was read the first time and referred to the Committee on Taxation.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1089: FOR AN ACT ENTITLED, An Act to clarify permissible insurance policy provisions.

Was read the second time.

The question being "Shall HB 1089 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Elliott; Novstrup (David)

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1118: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding fees for health services provided to South Dakota injured workers treated by out-of-state medical providers.

Was read the second time.

Rep. Engels requested that HB 1118 be removed from the Consent Calendar.

Which request was granted.

HB 1074: FOR AN ACT ENTITLED, An Act to allow copies of juvenile files to be provided to certain named parties or by court order rather than limiting use to inspection of the file only.

Was read the second time.

The question being "Shall HB 1074 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Elliott; Novstrup (David)

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1075: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to credit against unpaid fines and costs for time served and to disallow credit for time served against unpaid victim restitution.

Was read the second time.

The question being "Shall HB 1075 pass?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Russell

Excused:
Elliott; Novstrup (David)

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1047: FOR AN ACT ENTITLED, An Act to revise certain powers of a conservator.

Having had its second reading was up for consideration and final passage.

The question being "Shall HB 1047 pass as amended?"

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; McLaughlin; Moser; Noem; Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wismer; Speaker Rave

Nays:
Feinstein; Lust

Excused:
Elliott; Novstrup (David); Wink

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1086: FOR AN ACT ENTITLED, An Act to permit certain municipalities to issue an additional off-sale alcoholic beverage license.

Having had its second reading was up for consideration and final passage.

Rep. Rounds moved that HB 1086 be amended as follows:

On page 1 of the House Commerce Committee engrossed bill, delete lines 6 to 8, inclusive, and insert

Notwithstanding the provisions of § 35-4-10, a municipality may issue an additional off-sale license only if one of the existing off-sale licensed establishments is open for less than one hundred eighty days in a calendar year. Any additional off-sale license issued pursuant to this section may be reissued annually thereafter.".

Which motion prevailed.

The question being "Shall HB 1086 pass as amended?"

And the roll being called:

Yeas 40, Nays 28, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Conzet; Cronin; Curd; Cutler; Deadrick; Engels; Faehn; Fargen; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Iron Cloud III; Jensen; Juhnke; Kirkeby; Kirschman; Krebs; Lederman; Lust; McLaughlin; Nygaard; Olson (Betty); Olson (Ryan); Romkema; Rounds; Russell; Sly; Solum; Turbiville; Verchio; Wink; Speaker Rave

Nays:
Carson; Dennert; Feickert; Feinstein; Hunhoff (Bernie); Hunt; Killer; Kopp; Lange; Lucas; Moser; Noem; Peters; Pitts; Putnam; Rausch; Schlekeway; Schrempp; Solberg; Sorenson; Steele; Street; Thompson; Tidemann; Van Gerpen; Vanderlinde; Vanneman; Wismer

Excused:
Elliott; Novstrup (David)

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1034: FOR AN ACT ENTITLED, An Act to authorize the collection of a mailing fee if plates or decals are mailed to certain dealers, motor carrier applicants, and boat owners.

Was read the second time.

The question being "Shall HB 1034 pass?"

And the roll being called:

Yeas 61, Nays 6, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Frerichs; Gibson; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Nygaard; Olson (Betty); Olson (Ryan); Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Feinstein; Greenfield; Peters; Russell; Schrempp; Verchio

Excused:
Cutler; Elliott; Novstrup (David)

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

Speaker Pro tempore Rausch now presiding.

HB 1091: FOR AN ACT ENTITLED, An Act to revise certain provisions related to municipal elections in the case of death or withdrawal of a candidate.

Was read the second time.

The question being "Shall HB 1091 pass?"

And the roll being called:

Yeas 64, Nays 3, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lust; McLaughlin; Moser; Noem; Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Lucas; Rounds; Street

Excused:
Cutler; Elliott; Novstrup (David)

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1100: FOR AN ACT ENTITLED, An Act to revise certain provisions related to airport revenue bonds.

Was read the second time.

The question being "Shall HB 1100 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Cutler; Elliott; Novstrup (David)

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1094: FOR AN ACT ENTITLED, An Act to subject the gross receipts of contractors engaged in realty improvement contracts for certain municipal utilities to the contractor's excise tax instead of the alternative contractor's excise tax and to declare an emergency.

Was read the second time.

The question being "Shall HB 1094 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Nygaard; Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Cutler; Elliott; Novstrup (David); Olson (Ryan)

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1126: FOR AN ACT ENTITLED, An Act to require property owners of a homestead who are delinquent in paying their property taxes to notify the county treasurer when they meet certain age requirements.

Was read the second time.

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being "Shall HB 1126 pass?"

And the roll being called:

Yeas 40, Nays 27, Excused 3, Absent 0

Yeas:
Bolin; Brunner; Carson; Conzet; Cronin; Curd; Deadrick; Faehn; Feickert; Gosch; Hamiel; Hoffman; Jensen; Juhnke; Kirkeby; Kopp; Lederman; Lust; McLaughlin; Moser; Noem; Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Sly; Solum; Steele; Street; Tidemann; Turbiville; Vanneman; Wink; Speaker Rave

Nays:
Blake; Boomgarden; Burg; Dennert; Engels; Fargen; Feinstein; Frerichs; Gibson; Greenfield; Hunhoff (Bernie); Hunt; Iron Cloud III; Killer; Kirschman; Krebs; Lange; Lucas; Russell; Schrempp; Solberg; Sorenson; Thompson; Van Gerpen; Vanderlinde; Verchio; Wismer

Excused:
Cutler; Elliott; Novstrup (David)

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1010: FOR AN ACT ENTITLED, An Act to revise the requirements for the compilation and printing of the legislative manual referred to as the blue book.

Was read the second time.

The question being "Shall HB 1010 pass?"

And the roll being called:

Yeas 67, Nays 2, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Rounds; Russell

Excused:
Elliott

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1044: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians, physician assistants, and dentists who have complied with the requirements of the physician tuition reimbursement program, the midlevel tuition reimbursement program, and the dental tuition reimbursement program.

Was read the second time.

The question being "Shall HB 1044 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Elliott

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

Rep. Faehn moved that the balance of the calendar including HB 1099, 1027, 1048, 1052, and 1056 and SB 23 and 13 be deferred to Wednesday, February 3^rd, the 15^th legislative day.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1020, 1022, 1023, and 1049 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1020: FOR AN ACT ENTITLED, An Act to authorize the transfer of certain special education funds to other funds under certain conditions and to declare an emergency.

HB 1022: FOR AN ACT ENTITLED, An Act to revise certain statutes to reflect the current organizational structure of the Department of Education.

HB 1023: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding make up time for school districts.

HB 1049: FOR AN ACT ENTITLED, An Act to revise the qualifications for the director of the Division of Veterans Affairs.

SB 25: FOR AN ACT ENTITLED, An Act to repeal certain provisions related to tuition for students transferring from a resident district that does not receive state aid to education and to repeal certain provisions related to state aid to education for students transferring to a nonresident school district that does not receive state aid to education.

And signed the same in the presence of the House.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:13 p.m. the House adjourned.

Karen Gerdes, Chief Clerk